On March 13, 2020, the President of the United States declared that an emergency exists nationwide as a result of Coronavirus Disease 2019 (COVID-19) beginning on January 20, 2020 and continuing. FEMA will provide assistance to Texas through an Emergency Declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
In accordance with the Stafford Act, eligible emergency protective measures taken to respond to the COVID-19 emergency at the direction or guidance of public health officials’ may be reimbursed under Category B of FEMA’s Public Assistance (PA) program.
FEMA will not duplicate assistance provided by the Department of Health and Human Services (HHS), including the Centers for Disease Control and Prevention, or other federal agencies. This includes necessary emergency protective measures for activities taken in response to the COVID-19 incident. FEMA assistance will be provided at the 75 percent Federal cost share.
State, territorial, tribal, and local government entities and certain private non-profit organizations are eligible to apply for Public Assistance through the Texas Division of Emergency Management (TDEM). This process will be further defined and communicated by TDEM as information becomes available from FEMA.
Emergency Protective Measures (Category B)
The following is a list of emergency protective measures and costs that are eligible specific to the COVID-19 response. These actions save lives or protect public health or safety. This list is not all-inclusive.
The icons below links to a fact sheet and the FEMA Public Assistance and Policy Guide, which will provide key information to consider concerning Category B of the Public Assistance project.
- Transporting and pre-positioning equipment
- Emergency Operation Center related costs
- Emergency access
- Supplies and commodities
- Medical care and transport
- Evacuation and sheltering
- Child care
- Lease of temporary generators for essential service facilities
- Safety inspections
- Temporary public health facilities
- Animal carcass removal
- Demolition of structures
- Use or lease of temporary facilities
- Dissemination of public health or emergency information
- Locating human remains and mass mortuary service
Procurement under Exigent or Emergency Circumstances
Resulting from the COVID-19 Public Health Emergency the Federal Government has established exigent and emergency circumstances currently exist.
For the duration of the emergency, local governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for the following:
- Emergency protective measures under FEMA’s Public Assistance Program and
- Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19
Recognizing that FEMA’s recipients and subrecipients may face exigencies or emergencies when carrying out a FEMA award related directly to COVID-19, the icon below links to a fact sheet which provides key information to consider when utilizing contracted resources under exigent or emergency circumstances.
Subsequent to President Trump’s Nationwide Emergency Declaration, On March 18, 2020, FEMA’s Assistant Administrator for Recovery delegated authority to FEMA Regional Administrators to approve non-congregate sheltering for the duration of the COVID-19 Public Health Emergency, as well as any subsequent major disaster declarations for the incident.
Criteria for approval of non-congregate sheltering, along with necessary support services to meet the needs of the public health emergency, have been amended to include the following:
- The non-congregate sheltering must be at the direction of and documented through an official order signed by a state, local, tribal, or territorial public health official.
- Any approval is limited to that which is reasonable and necessary to address the public health needs of the event and should not extend beyond the duration of the Public Health Emergency.
- Applicants must follow FEMA’s Procurement under Exigent or Emergency Circumstances guidance and include a termination for convenience clause in their contracts.
- Prior to approval, the applicant must provide an analysis of the implementation options that were considered and a justification for the option selected.
- The funding for non-congregate sheltering to meet the needs of the Public Health Emergency cannot be duplicated by another federal agency, including the U.S. Department of Health and Human Services or Centers for Disease Control and Prevention.
- Applicable Environmental and Historic Preservation laws, regulations, and executive orders apply and must be adhered to as a condition of assistance.